Chapter 267 — Mass
Transit Districts; Transportation Districts
2011 EDITION
MASS TRANSIT AND TRANSPORTATION
DISTRICTS
PUBLIC ORGANIZATIONS FOR COMMUNITY
SERVICE
VEHICLE REGISTRATION FEES
267.001 Authority
of certain mass transit and transportation districts to impose vehicle
registration fees
MASS TRANSIT DISTRICTS
(Generally)
267.010 Definitions
for ORS 267.010 to 267.390
267.020 Transfer
of transit system to metropolitan service district; effect of transfer order
267.030 Use
of alternative fuels for certain district vehicles; exceptions; annual report;
application to all district vehicles
(Formation)
267.080 Creation
of district; district jurisdiction
(Formation – Model Used in Portland and
Eugene)
267.085 Resolution
to form district; content; filing
267.090 Directors;
appointment; term; vacancies; Governor to fix time of first meeting
267.095 Terms
of directors first appointed
267.097 Governor
to solicit recommendations for director in metropolitan statistical area with
population over 400,000
(Formation – Model Used in Salem)
267.107 Resolution
to create certain districts; contents
267.108 Director
election and district formation election under ORS 267.107 held at same time;
designation of subdistricts
267.109 Costs
of election under ORS 267.107
267.112 Directors
for districts formed under ORS 267.107; terms; vacancies; compensation and
expenses
267.114 Minimum
area of district
(Board; Ordinances)
267.120 Officers
of board; terms; oath
267.125 Meetings
of board; quorum
267.130 Additional
compensation prohibited
267.135 General
manager; qualifications; term; removal
267.140 Duties
of general manager
267.145 General
manager’s attendance at board meetings; pro tempore manager
267.150 Ordinances;
regulating use of facilities; public hearings; route, schedule changes
267.170 Initiative
and referendum
(Powers)
267.200 Existence,
status and general powers of districts
267.203 Authority
to enter into transaction for electricity or diesel fuel
267.205 Classification
and designation of service areas; determination of area financing
267.207 Change
of district boundaries; elector approval; withdrawal of service from area;
territorial jurisdiction of district; boundary commission exemption
267.208 Effective
date of change of boundaries; filing boundary change with county assessor and
Department of Revenue
267.210 Preparation
of general plan for mass transit system; content; revision
267.218 Feasibility
reports and public bidding not required for construction and improvement
projects costing less than $50,000
267.225 Intergovernmental
agreements; condemnation of authority; joint occupancy
267.227 Relationship
with Oregon Mass Transportation Financing Authority
267.230 Exemption
from public utility or railroad regulation
267.235 Protection
of employees’ rights when an operating transportation system is acquired
267.237 Criminal
records check; fitness determinations; rules regarding dissemination
267.240 Accessibility
of facilities and equipment to elderly and persons who have disabilities
267.245 District
exempt from right of way fencing requirements
267.247 Acquisition
of district lands by adverse possession or operation of statute of limitations
prohibited
Note Evaluations
of safety and security of light rail passengers--2008 c.43 §§1,3
(Withdrawal of Territory From District)
267.250 Definitions
for ORS 267.250 to 267.263
267.253 Petition
for withdrawal from district; filing period; number of signatures; contents of
petition
267.255 Hearing
on petition; notice
267.257 Study
of area proposed to be withdrawn; approval or denial of withdrawal; judicial
review
267.260 Withdrawal
ordinance; effective date; adjustment in district tax rate as result of
withdrawal
267.263 Withdrawal
of territory not subject to boundary commission review
267.265 Use
of moneys derived from withdrawal of territory from district
(Finances)
267.300 Authority
of district to finance system
267.302 Restrictions
on financing for districts formed under ORS 267.107
267.305 Levy,
collection, enforcement of ad valorem taxes
267.310 Revolving
fund; authority to levy ad valorem taxes for fund
267.320 User
charges, fees and tolls; persons over 65
267.325 Lease
purchase agreements
267.330 General
obligation bonds; conditions; interest rate; payment of principal and interest;
pledge of net revenue
267.334 Electoral
approval for issuance of general obligation bonds by Tri-Met to fund extension
of light rail
267.335 Authority
to issue revenue bonds; interest-bearing warrants
267.340 Refunding
bonds
267.345 Issuance
of bonds
267.360 Business,
trade, occupational and professional licenses and fees; exceptions
267.370 District
taxing authority
267.380 Definitions
for ORS 267.380 and 267.385
267.385 Employer
payroll tax; collection; enforcement
267.387 Restrictions
on increase in payroll tax
267.390 Acceptance
of funds from United States
267.400 Authority
to issue short-term obligations; conditions
267.410 Certain
districts authorized to impose employer payroll tax on state agencies and
political subdivisions
267.420 Employer
payroll tax on State of Oregon and political subdivisions; requirements for tax
ordinance
267.430 Certain
state agencies exempt from employer payroll tax
TRANSPORTATION DISTRICTS
(Generally)
267.510 Definitions
for ORS 267.510 to 267.650
267.515 Application
of ORS chapter 255 to district
267.517 Use
of alternative fuels for certain district vehicles; exceptions; annual report;
application to all district vehicles
(Formation)
267.520 Method
of forming district
267.530 Establishment
of permanent tax rate limit at time of formation
(Board)
267.540 Governing
body; term; vacancies; chairperson; rules of procedure; report to legislature
(Powers)
267.550 Status
of district
267.560 General
powers
267.570 Powers
relating to public transportation
267.575 Preparation
of public transit system plan; contents; revision
267.580 Employees
267.590 Interagency
agreements
267.610 Exemption
from public utility regulation
267.612 Acquisition
of district lands by adverse possession or operation of statute of limitations
prohibited
(Finances)
267.615 Financing
methods
267.620 Power
to levy taxes
267.622 Filing
boundary change with county assessor and Department of Revenue
267.630 Issuance
and sale of bonds
267.640 Refunding
bonds
267.650 Finance
elections
PENALTIES
267.990 Penalties
VEHICLE REGISTRATION FEES
267.001 Authority of certain mass transit
and transportation districts to impose vehicle registration fees.
Subject to ORS 801.040, 801.042, 801.237 and 803.445, for the purpose of
exercising any power the district, as defined in ORS 801.237, is authorized to
exercise, the district may impose registration fees on vehicles under ORS
803.445. [1989 c.864 §11; 2009 c.865 §40b]
MASS TRANSIT DISTRICTS
(Generally)
267.010 Definitions for ORS 267.010 to
267.390. As used in ORS 267.010 to 267.390,
unless the context requires otherwise:
(1)
“District” means a mass transit district established under ORS 267.010 to
267.390.
(2)
“District board” or “board” means the board of directors of a district.
(3)
“Mass transit system” or “transit system” means the property, equipment and
improvements of whatever nature owned, used, constructed, maintained,
controlled or operated to provide mass transportation for passengers or to
provide for the movement of people, including park-and-ride stations, transfer
stations, parking lots, malls and skyways, provided that nothing contained
herein shall limit the power of a city to exercise its general powers over or
provide such stations, lots, malls or skyways.
(4)
“Metropolitan statistical area” means an area designated by the United States
Office of Management and Budget as a metropolitan statistical area. [1969 c.643
§1; 1973 c.116 §1; 2009 c.11 §26]
267.020 Transfer of transit system to
metropolitan service district; effect of transfer order.
When a metropolitan service district organized under ORS chapter 268 functions
in a mass transit district organized under ORS 267.010 to 267.390, the
governing body of the metropolitan district may at any time order transfer of
the transit system of the transit district to the metropolitan district,
whereupon:
(1)
The governing body of the transit district shall transfer title to, and
possession of, the transit system and of all books, records, files, documents,
and other property of the transit district to the metropolitan district.
(2)
The metropolitan district shall be responsible for all the liabilities and
obligations imposed upon or assumed by the transit district.
(3)
For purposes of mass transit the metropolitan district shall have all the
rights, powers, privileges and immunities, and be subject to all the duties and
obligations, of a mass transit district under ORS 267.010 to 267.390, insofar
as they are consistent with ORS chapter 268.
(4)
The boundaries of the metropolitan district shall, for purposes of mass
transit, be extended to encompass all the territory of the transit district.
(5)
The transit district shall be dissolved and the offices of its directors
terminated. [1969 c.643 §40; 1997 c.833 §26]
267.030 Use of alternative fuels for
certain district vehicles; exceptions; annual report; application to all
district vehicles. (1) To the maximum extent
possible, motor vehicles subject to the control of a district shall use
alternative fuel for operation.
(2)
To the extent that it is economically and technologically possible, all motor
vehicles purchased or leased by the board of the district shall be capable of
using alternative fuel. However, this subsection does not apply if the vehicle
will be primarily used in an area that does not have and cannot reasonably be
expected to establish an alternative fuel refueling station or if the district
is unable to secure financing sufficient to cover additional costs resulting
from the requirement of this subsection.
(3)
Prior to July 1 of each year, the board of the district shall submit an annual
report to the Department of Environmental Quality and the State Department of
Energy. The report shall contain at a minimum:
(a)
The number of purchases and leases of vehicles capable of using alternative
fuel;
(b)
The number of conversions of vehicles from the use of gasoline or diesel fuel
to the use of alternative fuel;
(c)
The quantity of each type of alternative fuel used; and
(d)
Any other information required by the Department of Environmental Quality and
the State Department of Energy to carry out their functions under subsection
(4) of this section.
(4)
If the Department of Environmental Quality and State Department of Energy
determine that the use of alternative fuel required by this section has been
effective in reducing total annual motor vehicle emissions in the district, the
motor vehicles subject to the control of the board of the district shall be
capable of using alternative fuel, to the maximum extent possible.
(5)
The board of the district shall comply with all safety standards established by
the United States Department of Transportation in the conversion, operation and
maintenance of vehicles using alternative fuel.
(6)
As used in this section, “alternative fuel” means any fuel determined by the
Department of Environmental Quality to be less polluting than conventional
gasoline, including but not necessarily limited to reformulated gasoline, low
sulfur diesel fuel, natural gas, liquefied petroleum gas, methanol, ethanol,
any fuel mixture containing at least 85 percent methanol or ethanol and
electricity. [1991 c.730 §2; 2003 c.186 §12]
(Formation)
267.080 Creation of district; district
jurisdiction. As provided by ORS 267.010 to 267.390,
a mass transit district may be created in any metropolitan statistical area for
the purpose of providing a mass transit system for the people of the district.
Except as otherwise provided in ORS 267.107 (2)(c), the territorial
jurisdiction of the district may include all territory within the geographic
boundaries of every Oregon county in that metropolitan statistical area. [Formerly
267.100; 2009 c.11 §27]
(Formation – Model Used in Portland and
Eugene)
267.085 Resolution to form district;
content; filing. (1) In addition to and not in
lieu of other actions authorized for the initiation of proceedings to form a
mass transit district, the governing body of the most populous city in a
metropolitan statistical area may by resolution propose formation of a mass
transit district, if that city has a local transit system and if the governing
body finds that area-wide mass transit needs cannot be met by local transit
operation. The resolution of the governing body shall be addressed to and filed
with the county board of the principal county and proceedings conducted as
provided by ORS 198.705 to 198.955.
(2)
A certified copy of the order forming a mass transit district shall be filed
with the Governor. [Formerly 267.105; 2009 c.11 §28]
267.090 Directors; appointment; term;
vacancies; Governor to fix time of first meeting.
Except as provided in ORS 267.112:
(1)
Board members of a mass transit district may not be elected at the time of
formation, but if a district is formed, the Governor shall, within 60 days
after receiving a certified copy of the formation order, appoint from subdistricts the members of the first board of directors of
the district, designate one member as the temporary chairperson and fix the
time and place of the organizational meeting.
(2)
The board of directors of a mass transit district shall consist of seven
members. One director shall be appointed from each of seven subdistricts.
The Governor shall appoint as one of the directors a person who regularly uses
the services provided by a mass transit system. Directors shall reside in the subdistrict from which they are respectively appointed. The
subdistricts shall be as nearly equal in population
as possible based on the latest federal census and shall be designed to ensure
representation of the most populous city, other cities and unincorporated
territory in the proposed district proportionate to their respective
populations provided that if less than the entire district is taxed by the
district, the subdistricts shall be wholly within the
taxed area. The district or, if the taxed area is less than the entire
district, the taxed area shall be divided into subdistricts
initially, and after each succeeding federal census, by the Secretary of State.
(3)
The term of office of a director is four years, but each director shall serve
at the pleasure of the Governor. Before the expiration of the term of a
director, the director’s successor shall be appointed. A director is eligible
for reappointment. In case of a vacancy for any cause, the Governor shall
appoint a person to serve for the unexpired term. A director whose term has
expired shall continue to serve until the appointment of a successor unless
discharged by the Governor.
(4)
All appointments of members of the board by the Governor are subject to
confirmation by the Senate pursuant to section 4, Article III of the Oregon
Constitution. [Formerly 267.110; 2007 c.71 §80]
267.095 Terms of directors first
appointed. Except as provided in ORS 267.112:
(1)
Notwithstanding ORS 267.090, the terms of three of the directors of the first
board of a district expire on the first Tuesday in the second January after the
date of their appointment.
(2)
The terms of four of the directors so appointed expire on the first Tuesday in
the fourth January after the date of their appointment.
(3)
The respective terms of the directors of the first board shall be determined by
the Governor. [Formerly 267.115]
267.097 Governor to solicit
recommendations for director in metropolitan statistical area with population
over 400,000. Before appointing a director to the
board of a district situated in a metropolitan statistical area with a
population exceeding 400,000, the Governor shall solicit from each city and
county located wholly or partly within the subdistrict
for which the appointment will be made recommendations of qualified individuals
for the position. [1985 c.678 §2; 2009 c.11 §29]
267.100 [1969
c.643 §2; 1977 c.347 §3; 1979 c.877 §3; renumbered 267.080]
267.105 [1969
c.643 §3; 1971 c.727 §95; renumbered 267.085]
(Formation – Model Used in Salem)
267.107 Resolution to create certain
districts; contents. Notwithstanding ORS 267.085:
(1)
The governing body of the most populous city in a metropolitan statistical area
may by resolution propose creation of a mass transit district if the governing
body finds that area-wide mass transit needs cannot be met by local transit
operation.
(2)
The resolution of the governing body shall:
(a)
Be considered at a public hearing only after notice as required for regular
consideration of other resolutions by city charter or ordinance;
(b)
Include findings of the need for creation of a mass transit district in the
affected area;
(c)
Describe the boundaries of the proposed district, which may be limited to a
proposed service area but which may not extend beyond the limits of the city’s
urban growth boundary; and
(d)
If approved, be addressed to and filed with the governing body of the county in
which the proposed district is principally situated.
(3)
Upon receipt of the resolution under subsection (2) of this section, the county
governing body shall commence district formation proceedings as provided in ORS
198.705 to 198.955 and 267.108. [1977 c.347 §2; 1979 c.585 §1; 1999 c.454 §3;
2009 c.11 §30]
267.108 Director election and district
formation election under ORS 267.107 held at same time; designation of subdistricts. (1)
Notwithstanding the provisions of ORS 198.810 (3), the county governing body
shall order an election within the proposed district for approval or disapproval
by the electors voting on the question of formation of a district under ORS
267.107 and for election of seven district directors.
(2)
In addition to the requirements of ORS 198.815 (2), the order calling an
election for creation of a district initiated under ORS 267.107 shall describe
the boundaries of the seven subdistricts of the
proposed district from each of which a director is to be elected. The subdistricts shall be as nearly equal in population as
possible based on the latest federal decennial census, shall, where
practicable, follow election precinct boundaries and shall together encompass
the entire area of the proposed district. [1979 c.585 §5; 1985 c.678 §4; 2005
c.747 §5]
267.109 Costs of election under ORS
267.107. The expenses incurred for the election
held under ORS 267.080, 267.107, 267.112 and this section shall be paid by:
(1)
The district, if the resolution is approved by the people.
(2)
Each county participating in the election in the proportion of the number of
precincts in the county voting on the resolution to the total number of
precincts voting on the resolution, if the resolution is rejected by the
people. [1977 c.347 §5]
Note:
267.109 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
267.110 [1969
c.643 §4; 1971 c.727 §96; 1975 c.142 §1; 1975 c.632 §3; 1977 c.728 §1; 1981
c.496 §1; renumbered 267.090]
267.112 Directors for districts formed
under ORS 267.107; terms; vacancies; compensation and expenses.
(1) If formation of a district is initiated by resolution adopted and filed in
accordance with ORS 267.107, upon the submitting of a formation order by the
county governing body to the proposed district electors, one district director
shall be elected from each of the seven subdistricts
described in the order calling an election for district creation. A director
shall reside in the subdistrict from which the
director is nominated and elected.
(2)
The board of directors of the district shall consist of the seven directors
elected from subdistricts under subsection (1) of
this section.
(3)
After the initial formation of a district, the Secretary of State, after each
decennial federal census, shall modify the boundaries of the subdistricts so that the subdistricts
remain as nearly equal in population as possible based on the latest federal
census.
(4)
The term of office of a director shall be four years, provided, however, that
three of the first elected directors shall initially have a term of office
expiring June 30 of the next odd-numbered year following district formation and
four of the first elected directors shall initially have a term of office
expiring June 30 of the next odd-numbered year not less than two years
following district formation. The first elected directors of the district, upon
taking office, shall by lot, supervised by the board, determine which three
directors shall have the shorter initial terms and which four shall have the
longer initial terms. When a vacancy occurs in the office of a director, the
remaining members of the board shall appoint a resident of the affected subdistrict to serve until June 30 of the next odd-numbered
year, in which year a director shall be elected to serve the remainder of the
unexpired term. A director whose term has expired shall continue to serve until
the election of a successor.
(5)
Directors shall not be entitled to compensation for their services but shall be
entitled to reimbursement for actual and necessary expenses incurred or paid in
the performance of their duties as members of the board. [1975 c.632 §2; 1977
c.347 §4; 1977 c.728 §2a; 1979 c.585 §2; 1985 c.678 §5]
267.114 Minimum area of district.
The territorial boundaries of a mass transit district whose formation was
initiated under ORS 267.107 shall include, as a minimum area, all of the
territory within the urban growth boundary, as the urban growth boundary may
exist from time to time, of the city that proposed creation of the mass transit
district. [1999 c.454 §2]
267.115 [1969
c.643 §5; 1975 c.632 §4; renumbered 267.095]
(Board; Ordinances)
267.120 Officers of board; terms; oath.
(1) The board shall choose from among its members, by majority vote of the
members, a president, vice president, treasurer and secretary, to serve for
terms of two years.
(2)
Each director, before entering upon the duties of office, shall take and
subscribe to an oath that the director will honestly, faithfully and
impartially perform duties as a director and disclose any conflict of interest
the director may have in any matter to be acted upon by the board. A copy of
the oath shall be filed with the secretary of the board. [1969 c.643 §6; 1971
c.23 §7; 1971 c.403 §4; 1975 c.605 §15]
267.125 Meetings of board; quorum.
The district board shall hold regular monthly meetings at a time and place
fixed by the rules of the board. Special meetings may be held when called by
the president of the board or when called by a majority of the members.
However, five days’ notice of a special meeting shall be given by the secretary
to each member not joining in the call. A majority of the members constitutes a
quorum for the transaction of business. [1969 c.643 §7]
267.130 Additional compensation
prohibited. No officer or employee of the district
shall offer, solicit or accept money or any other thing of value as a
consideration, in addition to the salary paid the officer or employee by the
district, for services performed within the scope of the official duties of the
officer or employee. [1969 c.643 §13; 1971 c.23 §8]
267.135 General manager; qualifications;
term; removal. (1) The board shall appoint a general
manager on the basis of the qualifications of the general manager with special
reference to the actual experience in or knowledge of accepted practices in
respect to the duties of the office of the general manager. A general manager
shall hold office for an indefinite term and may be removed by the board only
by an affirmative vote of a majority of the members.
(2)
Before a general manager is removed, the general manager shall upon demand be
given a written statement of the reasons for removal. If requested, the general
manager shall be given an open hearing at a meeting of the board before the
final vote for removal. However, the board may by resolution suspend the
general manager from office pending a hearing. The action of the board in
suspending or removing a general manager, if approved by a majority of the members
of the board, may be reconsidered by the board but is otherwise final and not
subject to appeal. [1969 c.643 §14]
267.140 Duties of general manager.
A general manager of a district shall:
(1)
Have full charge of the acquisition, construction, maintenance and operation of
the transit system of the district.
(2)
Have full charge of the administration of the business affairs of the district.
(3)
Enforce all ordinances adopted by the board.
(4)
Administer the personnel system adopted by the board and, except for officers
appointed by the board, appoint, discipline or remove all officers and
employees, subject to ORS 267.010 to 267.390 and the rules of the board.
(5)
Prepare and submit to the board within 30 days after the end of each fiscal
year a complete report of the finances and administrative activities of the
district for that preceding fiscal year.
(6)
Keep the board advised as to the needs of the district.
(7)
Prepare all plans and specifications for acquisition of equipment or
construction of improvements or facilities for the district.
(8)
Cause to be installed and maintained a system of auditing and accounting which
shows completely and at all times the financial condition of the district.
(9)
Devote the entire working time of the general manager to the business of the
district.
(10)
Perform such other duties as the board requires by resolution. [1969 c.643 §15]
267.145 General manager’s attendance at
board meetings; pro tempore manager. (1) The
general manager shall attend the meetings of the board and may participate in
its deliberations, but has no vote.
(2)
The board may appoint a general manager pro tempore during the absence or
disability of the general manager. [1969 c.643 §16]
267.150 Ordinances; regulating use of
facilities; public hearings; route, schedule changes.
(1) The legislative authority of a district board shall be exercised by
ordinance.
(2)
The board may enact police ordinances relating to the protection, use and
enjoyment of district property and facilities. A district may appoint peace
officers who shall have the same authority as other peace officers, except that
such authority shall be limited to the enforcement of police ordinances of the
district and the enforcement, for purposes relating to the protection, use and
enjoyment of district property and facilities, of state and local laws.
(3)
The board may, by ordinance, provide a procedure for the conduct of public
hearings on proposed changes in transit routes and schedules. The board may
delegate to the general manager or other administrative officer the authority
to conduct such hearings.
(4)
An ordinance shall not be required for a mass transit district to adopt
temporary or experimental changes in routes and schedules. [1969 c.643 §17;
1973 c.116 §2; 1975 c.392 §1]
267.155 [1969
c.643 §19; repealed by 1971 c.268 §24]
267.160 [1969
c.643 §36; repealed by 1971 c.268 §24]
267.165 [1969
c.643 §18(2), (3); repealed by 1971 c.268 §24]
267.170 Initiative and referendum.
(1) The electors of a district may exercise the powers of the initiative and
referendum with reference to legislation of the district, in accordance with
ORS 255.135 to 255.205.
(2)
A district board on its own resolution may call an election for the purpose of
referring an ordinance to the electors of a district for their approval before
the ordinance takes effect. [1969 c.643 §39; 1977 c.728 §3; 1979 c.190 §411;
1981 c.173 §39; 1983 c.350 §124]
(Powers)
267.200 Existence, status and general
powers of districts. A mass transit district shall
constitute a municipal corporation of this state, and a public body, corporate
and politic, exercising public power. It shall be considered a unit of local
government for the purposes of ORS 190.003 to 190.130, a public employer for
the purposes of ORS 236.610 to 236.640, and a political subdivision for the
purposes of ORS 305.620. A district and its contractors engaged in operating
motor vehicles to provide mass transportation on behalf of the district shall
be entitled to tax refunds as allowed under ORS 319.831 to incorporated cities.
It shall have full power to carry out the objects of its formation and to that
end may:
(1)
Have and use a seal, have perpetual succession, and sue and be sued in its own
name.
(2)
Acquire by condemnation, purchase, lease, devise, gift or voluntary grant real
and personal property or any interest therein, located inside the boundaries of
the district and take, hold, possess and dispose of real and personal property
purchased or leased from, or donated by, the United States, or any state,
territory, county, city or other public body, nonprofit corporation or person
for the purpose of providing or operating a mass transit system in the district
and aiding in the objects of the district.
(3)
Contract with the United States or with any county, city, state, or public
body, or any of their departments or agencies, or a nonprofit corporation, or
any person, for the construction, acquisition, purchase, lease, preservation,
improvement, operation or maintenance of any mass transit system.
(4)
Build, construct, purchase, lease, improve, operate and maintain, subject to
other applicable provisions of law, all improvements, facilities or equipment
necessary or desirable for the mass transit system of the district.
(5)
Enter into contracts and employ agents, engineers, attorneys and other persons
and fix their compensation.
(6)
Fix and collect charges for the use of the transit system and other district
facilities.
(7)
Construct, acquire, maintain and operate and lease, rent and dispose of
passenger terminal facilities, motor vehicle parking facilities and other
facilities for the purpose of encouraging use of the mass transit system within
the district.
(8)
Enter into contracts or intergovernmental agreements under ORS chapter 190 with
units of local government of the State of Oregon, whether within or without the
district, or with the State of Washington or with public agencies of the State
of Washington, to act jointly or in cooperation with them or to provide mass
transit services to areas under their jurisdictions, provided that the party
contracting to receive the services shall pay to the mass transit district not
less than the proportionate share of the cost of the services that the benefits
to the contracting party bear to the total benefits from the service.
(9)
Conduct programs and events and take other actions for the purpose of improving
or maintaining employee relations.
(10)
Improve, construct and maintain bridges over navigable streams.
(11)
Do such other acts or things as may be necessary or convenient for the proper
exercise of the powers granted to a district by ORS 267.010 to 267.390. [1969
c.643 §8; 1973 c.116 §3; 1975 c.170 §1; 1977 c.550 §1; 1979 c.344 §1; 1979
c.877 §2; 1987 c.689 §1; 2003 c.802 §92; 2007 c.531 §16]
267.203 Authority to enter into
transaction for electricity or diesel fuel. (1) A
mass transit district may enter into transactions with persons or entities for
the supply or delivery of electricity or diesel fuel on an economic, dependable
and cost-effective basis, including transactions involving financial products
contracts and agreements for exchange of fixed and variable pricing agreements
and other service contracts that reduce the risk of economic losses in
transactions for the supply or delivery of electricity or diesel fuel.
(2)
Notwithstanding subsection (1) of this section, a mass transit district may not
enter into a transaction for the supply or delivery of electricity or diesel
fuel that:
(a)
Constitutes the investment of surplus funds for the purpose of receiving
interest or other earnings from the investment; or
(b)
Is for any purpose other than the supply or delivery of electricity or diesel
fuel on a cost-effective basis. [2007 c.894 §6]
Note:
267.203 was added to and made a part of ORS chapter 267 by legislative action
but was not added to any smaller series therein. See Preface to Oregon Revised
Statutes for further explanation.
267.205 Classification and designation of
service areas; determination of area financing.
(1) A district board may by ordinance classify and designate as a service area
the territory within the district that is benefited by the mass transit system
beyond the general benefit to all territory within the district. The board may
by ordinance amend the boundaries of the service area to conform to changes in
the mass transit system service.
(2)
Subject to restrictions in the Oregon Constitution, any of the methods of
financing authorized under ORS 267.300 may, in the discretion of the board, be
imposed in the service area rather than in the entire district. [1969 c.643 §24]
267.207 Change of district boundaries;
elector approval; withdrawal of service from area; territorial jurisdiction of
district; boundary commission exemption. (1) The board
of directors of a mass transit district may alter the territorial boundaries of
the district by a nonemergency ordinance adopted at any regular meeting.
(2)
If an ordinance annexing territory to a district is initiated or referred by,
or referred to, the electors of the district, it shall not take effect unless
approved by a majority of the electors registered in the territory proposed to
be annexed to the district voting on the question and by a majority of the
electors of the district voting on the question.
(3)(a)
The board of directors of a mass transit district, as a result of the
continuing comprehensive transportation planning process required by the
Federal Transit Administration, shall determine annually the territory in the
district within which the transit system of the district will operate. When the
board determines during such planning process for any fiscal year that it will
not provide transit service during that fiscal year to an area presently within
the district, the board shall by ordinance withdraw from that area on the date
specified in the ordinance, and that area shall no longer be part of the
district. The board shall by ordinance set forth the criteria to be used in
making the determinations described in this subsection.
(b)
Subject to paragraph (a) of this subsection, the territorial jurisdiction of a
district shall include:
(A)
All territory located within the boundaries of a metropolitan service district;
(B)
Each census tract within which the transit system of the district operates, or
such smaller portion of the tract as determined by the board; and
(C)
If so determined by the board of directors, any territory located within two
and one-half miles or less of the transit system of the district or any route
used by that system for the transportation of passengers.
(4)
If an ordinance withdrawing territory from a district is initiated or referred
by, or referred to, the electors of the district it shall not take effect
unless approved by a majority of the electors of the entire district voting on
the question.
(5)
The alteration of the boundaries of a district under this section is not
subject to the jurisdiction or review of a local government boundary
commission. [1979 c.877 §5; 1981 c.907 §1; 1983 c.83 §45; 1993 c.741 §22; 2007
c.239 §13]
267.208 Effective date of change of
boundaries; filing boundary change with county assessor and Department of
Revenue. (1) An alteration of the boundaries of
a district under ORS 267.207 or 267.250 to 267.263 shall not become effective
during the period:
(a)
Beginning after the 90th day before a primary election or general election and
ending on the day after the election; or
(b)
Beginning after the deadline for filing the notice of election before any other
election held by the district and ending on the day after the election.
(2)
If the effective date established for the alteration of the boundaries is a
date that is prohibited under this section, the alteration shall become
effective on the day after the election.
(3)
For the purposes of ORS 308.225 only, the effective date of an alteration of
district boundaries shall be the date on which the board adopts the ordinance
altering the boundaries or, if such an ordinance is initiated or referred, the
date on which the ordinance is approved by the electors as provided in ORS
267.207.
(4)
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225. [1985 c.808 §77; 1987 c.799 §9; 1989 c.923 §26; 1995
c.712 §100; 2001 c.138 §11]
267.210 Preparation of general plan for
mass transit system; content; revision. (1) A
district shall, within a reasonable time after formation, prepare a broad,
general plan for a mass transit system for the district. The plan shall be
prepared in cooperation with the Department of Transportation and cities and
counties located within and adjacent to the district.
(2)
The plan shall show existing and proposed transit systems of the district and
of other public and private agencies relating to mass transit. It shall
demonstrate a basis for the coordination and planning of future construction,
improvement and equipment acquisition of the district, governmental agencies
and private interests to assure maximum efficiency and use of mass transit in
the district. The plans shall be based on the needs of the district and take
into consideration the plans and programs, if any, developed by the Department
of Transportation and cities and counties located within the district. The
district may have access to all information, statistics, plans and data in the
possession of or available to any state agency or public corporation which is
pertinent to the preparation of the plan and may reimburse the agency or
corporation for any expense incurred in cooperating with the board.
(3)
The district board shall revise the plan as necessary for the proper control,
utilization, development and improvement of the district transit system. [1969
c.643 §20; 1973 c.116 §4]
267.215 [1969
c.643 §§9,21; repealed by 1975 c.771 §33]
267.218 Feasibility reports and public
bidding not required for construction and improvement projects costing less
than $50,000. A district may plan and let contracts
for and carry through to completion construction and improvement projects
costing less than $50,000 without feasibility reports, publication of notice,
public hearings, public inspection of plans, advertisement for bids or public
bidding, if the district board has approved the expenditure after obtaining plans,
cost estimates and bids as it may deem necessary. [1975 c.141 §2]
267.220 [1969
c.643 §22; repealed by 1975 c.771 §33]
267.225 Intergovernmental agreements;
condemnation of authority; joint occupancy. (1) A
mass transit district may cooperate with or enter into agreements with any
city, county, port or state agency having jurisdiction or control over any
right of way that is available for public travel for the joint use of such
right of way. A city, county, port or state agency may cooperate with or enter
agreements with a district for the joint use of any right of way open to public
travel located within the district.
(2)
For the purpose of providing a mass transit system, a district may commence a
condemnation proceeding to acquire land or an interest in land for right of way
for the system over any public right of way already located, condemned or
occupied or that may be located, condemned or occupied by some other public
agency for the purpose of travel by the public. The proceeding shall be conducted
as provided by the laws of this state for the condemnation of land or an
interest in land for right of way for highway purposes. At the time of
rendering judgment for compensation or damages, the court shall enter a
judgment authorizing the district to occupy and use the right of way, if
necessary, in common with the public agency already occupying or owning the
right of way, and defining the terms and conditions upon which the right of way
shall be so occupied and used in common. [1969 c.643 §12; 2003 c.576 §410; 2003
c.802 §93]
267.227 Relationship with Oregon Mass
Transportation Financing Authority. A mass
transit district may enter into contracts, leases, subleases and agreements
with the Oregon Mass Transportation Financing Authority. The obligation of a
district to pay rentals to the Oregon Mass Transportation Financing Authority
shall not be considered to be the incurring of bonded indebtedness by a
district. A district shall reimburse the Oregon Mass Transportation Financing
Authority for all expenses incurred by the authority in connection with any
application by such district for financial assistance under the Oregon Mass
Transportation Financing Act. [1977 c.662 §18]
267.230 Exemption from public utility or
railroad regulation. (1) Except as provided in ORS
824.045 and subsection (2) of this section, a transit system operated by a
district, including the rates and charges made by a district and the equipment
operated by a district, shall not be subject to state laws or ordinances of any
political subdivision regulating public utilities or railroads, including those
laws administered by the Department of Transportation.
(2)
ORS 824.200 to 824.256 apply to the transit system operated by a district
except for control and regulation of any crossing at which the light rail
transit vehicles of a district’s transit system cross a highway at separated
grades or any grade crossing at which the light rail transit vehicles operate
within and parallel to the right of way of a highway and where all conflicting
vehicle movements are controlled by standard highway traffic devices. However,
upon written request from the district and the public authority with
jurisdiction over the highway at such a grade crossing, the department shall
adjudicate any dispute that arises between the district and the public
authority with regard to the grade crossing. [1969 c.643 §11; 1973 c.116 §5;
1977 c.420 §1; 1985 c.678 §7; 1995 c.733 §92; 2001 c.522 §10]
267.235 Protection of employees’ rights
when an operating transportation system is acquired.
When the district acquires an operating public transportation system, it shall
make fair and equitable arrangements to protect the interests of employees and
retired employees of the system. Such protective arrangements shall include,
but shall not be limited to:
(1)
Preservation of rights, privileges and benefits, including continuation of
pension rights and payment of benefits, existing under collective bargaining
agreements, or otherwise;
(2)
Continuation of collective bargaining rights;
(3)
Protection of individual employees against a worsening of their positions with
respect to their employment; and
(4)
Assurance of employment to persons employed by the mass transportation system
acquired and priority of reemployment to persons previously employed. [1969
c.643 §10]
267.237 Criminal records check; fitness
determinations; rules regarding dissemination.
(1) As used in this section:
(a)
“District” means a mass transit district organized under ORS 267.010 to 267.390
or a transportation district organized under ORS 267.510 to 267.650.
(b)
“Qualified entity” means an individual or business or organization, whether
public, private, for-profit, nonprofit or voluntary, that, under contract with
a district, provides individuals to operate motor vehicles for the
transportation of passengers in the public transportation system of the
district.
(c)
“Subject individual” means a person subject to a criminal records check as
specified by resolution of a mass transit district or a transportation
district.
(2)
A mass transit district or a transportation district shall request the
Department of State Police to conduct criminal records checks of subject
individuals if the checks are required in order to protect vulnerable
Oregonians:
(a)
To implement a federal or state statute, executive order or rule that expressly
refers to criminal conduct and contains requirements or exclusions expressly
based on such conduct;
(b)
For district employment purposes when hiring individuals to operate motor vehicles
of the district; or
(c)
For the purposes of employment decisions made by a district for qualified
entities that, under contracts with the district, employ individuals to operate
motor vehicles for the transportation of passengers in the public transportation
system of the district.
(3)
A mass transit district that has a population of more than 500,000 may request
the Department of State Police to conduct a criminal records check of a subject
individual who is:
(a)
Seeking employment by the district in a position that provides the individual
with access to critical infrastructure or security sensitive facilities or
information; or
(b)
Seeking to provide services to the district that will result in the individual’s
having access to critical infrastructure or security sensitive facilities or
information.
(4)
In order to determine the suitability of the subject individual, a district
shall require the subject individual to furnish to the district a full set of
fingerprints to enable a criminal records check to be conducted. The district
shall submit the completed fingerprint cards to the Department of State Police
along with the applicable Oregon and Federal Bureau of Investigation processing
fees. If no disqualifying record is identified at the state level, the
Department of State Police shall forward the fingerprints to the Federal Bureau
of Investigation for a national criminal records check.
(5)
The Federal Bureau of Investigation shall either return or destroy the
fingerprint cards used to conduct the criminal records check and shall not keep
any record of the fingerprints. However, if the federal bureau policy
authorizing return or destruction of the fingerprint cards is changed, a
district shall cease to cause the cards to be sent to the federal bureau but
shall continue to process the information through other available resources.
(6)
If the Federal Bureau of Investigation returns the fingerprint cards to the
Department of State Police, the department shall destroy the fingerprint cards
and shall retain no facsimiles or other material from which a fingerprint can
be reproduced.
(7)
If only a state criminal records check is conducted, the Department of State
Police shall destroy the fingerprint cards after the criminal records check is
completed and the results of the criminal records check provided to the
district and shall retain no facsimiles or other material from which a
fingerprint can be reproduced.
(8)
The district and the Department of State Police shall permit a subject
individual to inspect the individual’s own Oregon and Federal Bureau of
Investigation criminal offender records after positive fingerprint
identification has been made.
(9)(a)
A district, using guidelines established by a resolution of the district, shall
determine under this section whether a subject individual is fit to operate
motor vehicles for the transportation of passengers in the public
transportation system of the district or to hold a position or provide services
that provide the individual with access to critical infrastructure or security
sensitive facilities or information, based on the criminal records check
obtained pursuant to this section, any false statements made by the individual
regarding the criminal history of the individual and any refusal to submit or
consent to a criminal records check including fingerprint identification. If a
subject individual is determined to be unfit, then that person shall not be
allowed to operate motor vehicles for the transportation of passengers in the
public transportation system of the district or to hold the position or provide
services that provide the individual with access to critical infrastructure or
security sensitive facilities or information.
(b)
In making the fitness determination, the district shall consider:
(A)
The nature of the crime;
(B)
The facts that support the conviction or pending indictment or indicate the
making of the false statement;
(C)
The relevancy, if any, of the crime or the false statement to the specific
requirements of the subject individual’s present or proposed position or
employment; and
(D)
Intervening circumstances relevant to the responsibilities and circumstances of
the position or employment. Intervening circumstances include but are not
limited to the passage of time since the commission of the crime, the age of
the person at the time of the crime, the likelihood of a repetition of
offenses, the subsequent commission of another relevant crime and a
recommendation of an employer.
(c)
A district and an employee of the district are immune from any civil liability
that might otherwise be incurred or imposed for actions taken in determining
pursuant to this subsection that a subject individual is fit or not fit to hold
a position or be employed. A district, an employee of the district and an
employer or employer’s agent who in good faith comply with this section and the
decision of the district or employee of the district are not liable for the
failure to hire a prospective employee or the decision to discharge an employee
on the basis of the district’s or employee’s decision. A district and an
employee of the district are immune from any civil liability for the lawful
dissemination of information obtained under this section when the disclosure
is:
(A)
For the purpose of providing notice to the subject individual or the employer
of the subject individual of a determination of fitness under this section;
(B)
Required by law; or
(C)
Necessary to support a claim or defense related to denying employment to the
subject individual.
(10)
A district shall establish by resolution a process by which a subject
individual may appeal the determination that the subject individual is
disqualified for a position or employment pursuant to this section. Challenges
to the accuracy or completeness of information provided by the Department of
State Police, the Federal Bureau of Investigation and agencies reporting
information to the department or bureau must be made through the department,
bureau or agency and not through the appeal process required by this
subsection.
(11)
A district shall develop a system that maintains information regarding criminal
records checks in order to minimize the administrative burden that criminal
records check requirements impose upon subject individuals and providers. Records
maintained under this subsection for subject individuals are confidential and
may not be disseminated except for the purposes of this section and in
accordance with the relevant resolutions of the district. Nothing in this
subsection permits a district to retain fingerprint cards of subject
individuals.
(12)
A district, in consultation with the Department of State Police and affected
provider groups, shall adopt resolutions to implement this section and other
statutes relating to criminal offender information. The resolutions shall
include but need not be limited to:
(a)
Specifying which employees are authorized to make criminal record inquiries;
(b)
Specifying categories of subject individuals who are subject to criminal
records checks;
(c)
Specifying the information, including fingerprints, that may be required from a
subject individual to permit a criminal records check;
(d)
Specifying which services or qualified entities are subject to this section;
(e)
Specifying which crimes may be considered in reviewing criminal offender
information for a subject individual;
(f)
Specifying when a nationwide criminal records check shall be conducted on a
subject individual through the Department of State Police. The additional cost
of obtaining a nationwide criminal records check and the risk to vulnerable
Oregonians should be taken into consideration when enacting resolutions under
this subsection;
(g)
Specifying when a district, in lieu of conducting a completely new criminal
records check, may proceed to make a fitness determination under this section
using the information maintained by the district under subsection (11) of this
section; and
(h)
Determining when a subject individual may be hired on a probationary basis
pending a criminal records check. At a minimum, if there is any indication of
criminal behavior by the subject individual, the resolution must require that,
if the individual is hired, the individual can be hired only on a probationary
basis and must be actively supervised at all times when the individual is in
contact with children, the elderly or persons with disabilities.
(13)
Criminal offender information is confidential. The Department of State Police
shall adopt rules to restrict dissemination of information received under this
section to persons with a demonstrated and legitimate need to know the
information. Any district receiving information pursuant to this section is
bound by the rules of disclosure adopted by the department.
(14)
If a subject individual refuses to consent to the criminal records check or
refuses to be fingerprinted, the district or qualified entity shall deny or
terminate the employment of the individual, or revoke or deny any applicable
position, authority to provide services or employment.
(15)
A district shall define by resolution the conditions under which subject
individuals may participate in training, orientation and work activities
pending completion of a criminal records check through the Law Enforcement Data
System or nationwide criminal records check. At a minimum, subject individuals
shall be actively supervised at all times that they are in contact with
children, the elderly and persons with disabilities during such periods of
training, orientation and work. Subject individuals may continue probationary
employment while awaiting the nationwide criminal records check as long as the
individual’s criminal records check through the Law Enforcement Data System did
not result in disqualification and there are no other indications of criminal
behavior.
(16)
If a district or a qualified entity requires a criminal records check of
employees or other persons, the application forms of the district or qualified
entity must contain a notice that employment is subject to fingerprinting and a
criminal records check as required by this section. [1999 c.1057 §3; 2005 c.730
§65]
Note:
267.237 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
267.240 Accessibility of facilities and
equipment to elderly and persons who have disabilities.
(1) In carrying out its duties under ORS 267.200, the district shall provide,
for persons who are elderly or have disabilities, a program of transportation
that:
(a)
Is devised in consultation with and after solicitation of the views of persons
representative of the communities for which such transportation shall be
provided; and
(b)
Gives due regard to parity of service.
(2)
In carrying out its duties under ORS 267.200 (4), the district shall cause its
future facilities and new equipment to be of such types as to make such
facilities and equipment accessible to, and usable by, persons who are elderly
or have disabilities. However, contracts for equipment are exempt from this
requirement until such equipment:
(a)
Is available from not less than two manufacturers in mass producible
quantities; and
(b)
Conforms to designs approved by the Federal Transit Administration of the United
States Department of Transportation as providing access to and being usable by
persons who are elderly or have disabilities.
(3)
Notwithstanding subsection (2) of this section or any other provision of the
law of this state, a program for transportation of persons who are elderly or
have disabilities shall be deemed to be in compliance with the laws of this
state and rules promulgated thereunder if the program
satisfies subsection (1) of this section and the federal regulations relating
to transportation for persons who are elderly or have disabilities promulgated
by the Federal Transit Administration of the United States Department of
Transportation. [1974 c.50 §2; 1981 c.621 §1; 1989 c.224 §37; 1993 c.741 §23;
2007 c.70 §59]
267.245 District exempt from right of way
fencing requirements. The provisions of ORS 608.310
shall not apply in respect to property operated by a mass transit district as
part of a mass transit system. [1977 c.420 §2]
Note:
267.245 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
267.247 Acquisition of district lands by
adverse possession or operation of statute of limitations prohibited.
The rights of a mass transit district to lands owned by the district are not
extinguished by adverse possession. A person may not acquire title or property
rights to lands owned by the district through operation of a statute of limitations.
[2009 c.307 §1]
Note:
267.247 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Withdrawal of Territory From District)
267.250 Definitions for ORS 267.250 to
267.263. As used in ORS 267.250 to 267.263:
(1)
“Affected area” means a contiguous area of not less than one square mile in
which 200 or more district electors reside and which is within the boundaries
of a district, but is outside the boundaries of any city with a population
exceeding 10,000. However, the term does not include an area if the withdrawal
of that area from the district results in the district having two or more noncontiguous
parts.
(2)
“Direct service,” with respect to an affected area described in a petition
filed under ORS 267.253, means the location or placement of any of the
facilities of the district or of any route used by the transit system of the
district within one mile of any boundary of the affected area. [1987 c.799 §2;
1999 c.444 §§1,2]
267.253 Petition for withdrawal from
district; filing period; number of signatures; contents of petition.
(1) If the electors of an affected area wish to withdraw from a district, they
may file a petition for withdrawal with the district board at the times and in
the manner provided for in this section. However, if the formation of the
district was initiated under ORS 267.107, the petition for withdrawal may not
include any area within the urban growth boundary described in ORS 267.114.
(2)
A petition for withdrawal under this section may be filed only during the
period from January 1 to August 30 in calendar year 2001 and in every fifth
calendar year thereafter.
(3)
A petition for withdrawal under this section shall be signed by not less than
15 percent of the electors registered in the affected area described in the
petition.
(4)
A petition filed under this section shall contain substantially the following:
(a)
A statement that the petition is filed pursuant to ORS 267.250 to 267.263;
(b)
The names of the district and all affected counties; and
(c)
A request that proceedings be commenced for the
withdrawal of the affected area from the district.
(5)
There shall be attached to the petition a map which clearly and precisely shows
the exterior boundaries of the affected area by reference to prominent
landmarks such as streets, highways, rivers or the boundaries of cities and
counties. The map shall be used in lieu of a metes and bounds or legal
description of the affected area.
(6)
The district board, within five days after receiving a petition filed under
this section which conforms to the requirements of this section, shall file the
petition with the county clerk of each county in which any part of the affected
area is located for signature verification. [1987 c.799 §3; 1999 c.444 §4; 1999
c.454 §4]
267.255 Hearing on petition; notice.
(1) When a county clerk to whom a petition is submitted under ORS 267.253 certifies
that the petition contains the number of valid signatures required under ORS
267.253, the district board shall schedule a public hearing on the petition. A
district board may hold a single public hearing with respect to two or more
petitions.
(2)
The district board shall schedule the public hearing for a date which is not
earlier than the 20th day after the date on which the study of the affected
area required under ORS 267.257 is completed, but which is not later than the
90th day after the board receives certification from the county clerk under
subsection (1) of this section.
(3)
The district board shall have notice of the hearing printed once in a newspaper
in general circulation within the district. The notice shall be published at
least five days prior to the hearing. Notice of the published hearing shall
also be posted in at least four different locations within the affected area
that are customarily used for the purpose of posting public notice. The notice
shall be posted not less than 15 days prior to the date specified in the notice
for the hearing and shall be posted for not less than five consecutive days.
The notice required under this section shall contain the time and place of the
hearing, the purpose of the hearing, a description of the affected area, the
extent to which taxes imposed by the district will be increased in the
remaining portions of the district as a result of the withdrawal of the
affected area, the date on which the district board intends to finally dispose
of the petition under ORS 267.257 (2), a statement that the study of the
affected area required under ORS 267.257 is on file at the district offices and
available for copying and public inspection and a statement that the public may
appear and be heard on the issue of withdrawal of the affected area from the
district. The date of final disposition of the petition that appears in the
notice may be subsequently changed to a later date by the district board
without publishing another notice as required by this section.
(4)
The hearing required under this section may be conducted by a hearings officer
appointed by the district board. [1987 c.799 §4]
267.257 Study of area proposed to be
withdrawn; approval or denial of withdrawal; judicial review.
(1) After receiving certification by a county clerk under ORS 267.255 of a
petition for withdrawal filed under ORS 267.253, the district board shall
conduct a study of the affected area described in the petition. The district
board may also conduct an overall study of several affected areas. The study
shall consider:
(a)
The extent to which residents of the affected area currently use the mass
transit services and facilities of the district;
(b)
The amount of district revenues raised within the affected area during the last
three completed fiscal years of the district, separately identifying the amount
of revenues derived from taxes imposed by the district and the amount of
revenues derived from other sources;
(c)
The history of the mass transit services provided to the affected area;
(d)
Whether or when direct service will be provided to the affected area;
(e)
The number of previous petitions filed under ORS 267.253 with respect to the
affected area or portions thereof; and
(f)
The effect of withdrawal of the affected area on the district, including the
extent to which taxes imposed by the district in the remaining portions of the
district will be increased under ORS 267.260 as a result of the withdrawal of
the affected area.
(2)
After completion of the study conducted under subsection (1) of this section
and the public hearing required under ORS 267.255, but not later than the
December 31 next following the date on which the petition was filed with the
district board, the district board shall adopt an ordinance withdrawing the
affected area from the district or shall adopt a resolution denying the
petition for withdrawal.
(3)
Notwithstanding ORS 267.207 (3)(b), the district board shall approve withdrawal
if:
(a)
The district board finds that the use of the mass transit system of the
district by residents of the affected area is less than or equal to 30 percent
of the system-wide average weekday boarding rides per vehicle hour;
(b)
The district board determines that direct service to the affected area is not
planned for at least five years;
(c)
The residents and businesses within the affected area have demonstrated that
district fees and taxes have adversely affected employment, population or
commercial activity within the affected area; and
(d)
The district board has not received a petition signed by not less than 15
percent of the electors within the affected area seeking continuation of the
district’s jurisdiction over the affected area.
(4)
Notwithstanding ORS 267.207 (3)(b), the district board may withdraw the
affected area from the district when the conditions of subsection (3) of this
section are not satisfied if the board considers such withdrawal to be in the
best interests of the district and the affected area.
(5)
Any decision of the district board relating to withdrawal of an affected area
under ORS 267.250 to 267.263 may be reviewed by a circuit court under ORS
34.010 to 34.100. [1987 c.799 §5]
267.260 Withdrawal ordinance; effective
date; adjustment in district tax rate as result of withdrawal.
(1) As used in this section, “withdrawal date” means the effective date of an
ordinance approving withdrawal of an affected area under ORS 267.250 to
267.263.
(2)
An ordinance approving the withdrawal of an affected area under ORS 267.250 to
267.263 shall take effect on the first day of January next following the date
which is 30 days after the adoption of the ordinance.
(3)
Commencing immediately upon the withdrawal date and notwithstanding any other
provision of law, the rate of each tax imposed by the district shall automatically
be increased to a rate equal to the rate determined by dividing the rate at
which such tax was levied immediately prior to the withdrawal date by a
fraction, not more than one, which is equal to the total revenue derived from
such tax by the district for the calendar year preceding the year in which the
withdrawal ordinance is adopted attributable to the area of the district other
than the withdrawn affected area divided by the total revenue derived from such
tax by the district for the same period.
(4)
If the tax rates required under subsection (3) of this section do not produce
tax revenues sufficient to enable the district to make the annual or semiannual
payments, when due, and otherwise satisfy the requirements of the bonded or
other indebtedness of the district incurred prior to the withdrawal, the
district may increase the rate of each tax to a rate that produces revenues
sufficient to enable the district to make the annual or semiannual payments,
when due, and otherwise satisfy the requirements of such indebtedness.
(5)
The district board shall determine rates in accordance with the formula
prescribed by subsection (3) of this section and adopt the rates as part of the
ordinance approving the withdrawal of the affected area. Any such determination
and adoption shall be final and conclusive unless it is shown to be arbitrary
and capricious.
(6)
If a district adopts an ordinance that increases the rate of an excise tax
described in ORS 267.385, the increase shall be adjusted as prescribed in
subsection (3) of this section to take into account the withdrawal of an
affected area that occurred or occurs at any time after the date the district
first imposed any taxes pursuant to ORS 267.385. [1987 c.799 §6; 2003 c.739 §10]
267.263 Withdrawal of territory not
subject to boundary commission review. The
alteration of the boundaries of a district under ORS 267.250 to 267.263 is not
subject to the jurisdiction or review of a local government boundary
commission. [1987 c.799 §7; 2007 c.239 §14]
267.265 Use of moneys derived from
withdrawal of territory from district. The savings
derived from the cessation of service under an ordinance adopted under ORS
267.257 shall be used to improve service in the remaining portions of the
district. Nothing in this section shall prevent the district from exercising
its normal budgetary authority to adjust service levels. [1987 c.799 §8]
Note:
267.265 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Finances)
267.300 Authority of district to finance
system. (1) Subject to restrictions in the
Oregon Constitution, a district board may finance construction, acquisition,
purchase, lease, operation and maintenance of a mass transit system and related
facilities for the purposes authorized under ORS 267.010 to 267.390 by:
(a)
Levy of ad valorem taxes under ORS 267.305.
(b)
Service charges and user fees collected under ORS 267.320.
(c)
Use of the revolving fund authorized under ORS 267.310.
(d)
Sale of bonds under ORS 267.330 to 267.345.
(e)
Levy of business license fees under ORS 267.360.
(f)
Levy of a tax measured by net income under ORS 267.370.
(g)
Levy of a tax measured by employer payrolls under ORS 267.380, 267.385 and
267.420.
(h)
Use of funds accepted under ORS 267.390.
(i) Short-term borrowings under ORS 267.400.
(j)
Levy of a tax measured by net earnings from self-employment under ORS 267.380
and 267.385.
(k)
Any combination of the provisions of paragraphs (a) to (j) of this subsection.
(2)
All or any part of the funds raised or received by the district under
subsection (1)(a) to (k) of this section may be expended by the district for the
purpose of financing the construction, reconstruction, improvement, repair,
maintenance, operation and use of the primary transit supportive system.
However, only those funds raised or received by the district that are
restricted by the Oregon Constitution for the purpose of financing the
construction, reconstruction, operation and use of public highways, roads,
streets and roadside rest areas may be expended by the district for the
secondary transit supportive system. As used in this subsection:
(a)
“Transit supportive system” means those facilities in any county in which a
district operates that constitute the surface transportation system in the
county, including highways, roads, streets, roadside rest areas, park-and-ride
stations, transfer stations, parking lots, malls and skyways.
(b)
“Primary transit supportive system” means those facilities upon which or
adjacent to which the district physically operates.
(c)
“Secondary transit supportive system” means the remainder of those facilities
that constitute the surface transportation system, but over which the district’s
operation or facilities are not physically present. [1969 c.643 §23; 1975 c.752
§1; 1983 c.323 §1; 1983 c.749 §1; 1987 c.825 §1; 1989 c.869 §1]
267.302 Restrictions on financing for districts
formed under ORS 267.107. If a mass transit district was
initiated by a resolution pursuant to ORS 267.107, the district shall not use
any method of financing under ORS 267.300 other than a method of financing
authorized to be used under ORS 267.300 (1)(b), (h) to (j) without first
obtaining authorization at a properly called election held for that purpose. [1975
c.632 §2a; 1979 c.585 §3; 1983 c.323 §2; 1983 c.749 §2; 1987 c.825 §2]
267.305 Levy, collection, enforcement of
ad valorem taxes. (1) A district may assess, levy
and collect taxes each year on the assessed value of all taxable property
within the limits of the district or the service area of the district. The
proceeds of the tax shall be applied in carrying out the purposes of ORS 267.010
to 267.390.
(2)
The district may annually also assess, levy and collect a tax without
limitation upon all such property in an amount sufficient to pay the yearly
interest on bonds theretofore issued by the district and then outstanding,
together with any portion of the principal of the bonds maturing within the
year. The tax shall be applied only in payment of interest and principal of
bonds issued by the district, but the district may apply any funds it may have
toward payment of principal and interest of bonds.
(3)
Any taxes needed shall be levied in each year and returned to the county
officer, whose duty it is to extend the tax roll, by the time required by law
for city taxes to be levied and returned.
(4)
All taxes levied by a district shall become payable at the same time and be
collected by the same officer who collects county taxes, and shall be turned
over to the district according to law. The county officer whose duty it is to
extend the county levy shall extend the levy of the district in the same manner
as city taxes are extended.
(5)
Property shall be subject to sale for nonpayment of taxes levied by a district
in like manner and with like effect as in the case of county and state taxes. [1969
c.643 §25; 1981 c.804 §77]
267.310 Revolving fund; authority to levy ad
valorem taxes for fund. For the purpose of establishing
a revolving fund to provide money to finance the planning and construction,
acquisition, purchase or lease of a mass transit system, a district board may
levy an ad valorem tax of not to exceed in any one year three-twentieth of one
percent (0.0015) of real market value of all taxable property within the
district. The revenue derived from such taxes shall be credited to a revolving
fund, and shall be disbursed by the district board and used only for the
purpose for which levied. [1969 c.643 §27; 1991 c.459 §364]
267.320 User charges, fees and tolls;
persons over 65. (1) Except as otherwise provided
in this section, to carry out the powers granted by ORS 267.010 to 267.390, the
district board may by ordinance impose and may collect user charges, fees and
tolls from those who are served by or use the transit system and other
facilities and services of the district.
(2)
The district shall not charge a person over 65 years of age a fee of more than
50 percent of the regular fee for transportation provided by the district. The
maximum fee established by this subsection does not apply on any weekday,
Monday through Friday, between the hours of 5 a.m. and 9 a.m. or between the
hours of 3 p.m. and 7 p.m. [1969 c.643 §26; 1973 c.474 §1; 1975 c.124 §1; 1975
c.169 §1; 1981 c.634 §1; 2003 c.14 §131]
267.325 Lease purchase agreements.
For the purpose of financing the design, engineering, acquisition, construction
and installation of any mass transit system, a district may enter into lease
purchase agreements for such term of years as the board may determine. The
lease purchase payments payable by a district under any such lease purchase
agreement may be payable out of any funds of the district, including without
limitation any operating revenues, tax revenues or grants. [1989 c.899 §2]
267.330 General obligation bonds;
conditions; interest rate; payment of principal and interest; pledge of net
revenue. (1) To carry out any of the powers granted
by ORS 267.010 to 267.390, a district, when authorized at any properly called
election held for the purpose, may borrow money, and sell and dispose of
general obligation bonds. Outstanding bonds shall never exceed in the aggregate
two and one-half percent of the real market value of all taxable property
within the district.
(2)
The bonds shall be issued from time to time by the district board in behalf of
the district as authorized by the electors thereof. The bonds shall mature
serially within not to exceed 30 years from issue date. However, for an
indebtedness to the federal government or this state, the district may issue
one or more bonds of the denominations agreed upon. Bonds shall bear interest
at a rate, payable semiannually, as the board shall determine. The bonds shall
be so conditioned that the district shall promise and agree therein to pay to
the bearer at a place named therein, the principal sum, with interest at the
rate named therein, payable semiannually, in accordance with the tenor and
terms of the interest coupons attached.
(3)
For the purpose of additionally securing the payment of the principal and
interest on general obligation bonds issued under this section, the district
may by resolution of the board, which resolution shall constitute part of the
contract with the holders of the bonds, pledge all or any part of the net
revenue of the district. The district board may adopt such a resolution without
submitting the question of the pledge to the electors of the district. [1969
c.643 §28; 1983 c.347 §19; 1991 c.459 §365]
267.334 Electoral approval for issuance of
general obligation bonds by Tri-Met to fund extension of light rail.
(1) If the line extending Tri-Met’s regional light
rail system north from Clackamas County, Oregon, is not part of a phased
project that will serve both the Portland metropolitan region and Clark County,
Washington, then prior to the issuance by Tri-Met of any general obligation
bonds to fund its share of the line extending Tri-Met’s
regional light rail system north from Clackamas County, Oregon, Tri-Met shall
submit to its electors the question of the issuance of such general obligation
bonds.
(2)
As used in this section:
(a)
“Portland metropolitan region” means the area within the urban growth boundary established
by Metro as that boundary existed on July 1, 1995.
(b)
“Metro” means the metropolitan service district created under ORS chapter 268
and exercising home rule charter powers.
(c)
“Tri-Met” means the Tri-County Metropolitan Transportation District of Oregon,
a mass transit district created under ORS chapter 267. [Formerly 197.587]
Note:
267.334 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
267.335 Authority to issue revenue bonds; interest-bearing
warrants. (1) In addition to the authority to
issue general obligation bonds, after a vote of the people, a district may
issue and sell revenue bonds and pledge as security therefor
all or any part of the unobligated net revenue of the district. Revenue bonds
shall be issued in the same manner and form as are general obligation bonds of
the district but they shall not be subject to the percentage limitation
provided by ORS 267.330 applicable to issuance of general obligation bonds and
shall not be a lien upon any property within the limits of the district. Such
bonds shall be payable, both as to principal and interest, solely from the net
revenues of the district remaining after payment of obligations having a
priority and payment of all expenses of operation and maintenance of the
district, including any taxes levied thereafter against the district. All
revenue bonds shall contain a clause reciting that both the principal and
interest are payable solely from net revenues of the district remaining after
paying such obligations and expenses.
(2)
In lieu of issuing bonds secured by unobligated net revenue under subsection
(1) of this section, the treasurer, when authorized by the board, may execute
and issue interest-bearing warrants drawn against funds created by and for
operation and maintenance of the mass transit system in excess of current cash
on hand, but not in an amount exceeding one-half of the estimated annual gross
revenue for operation of the mass transit system for the next ensuing year. [1969
c.643 §29]
267.340 Refunding bonds.
Refunding bonds of the same character and tenor as those replaced thereby may
be issued pursuant to a resolution adopted by the district board without
submitting to the electors the question of authorizing the issuance of the
bonds. [1969 c.643 §30]
267.345 Issuance of bonds.
All general obligation and revenue bonds, including refunding bonds, issued under
ORS 267.330 to 267.345 shall be issued as prescribed in ORS chapter 287A. [1969
c.643 §31; 2007 c.783 §84]
267.360 Business, trade, occupational and
professional licenses and fees; exceptions. To
carry out any of the powers granted by ORS 267.010 to 267.390, a district may
by ordinance raise revenue by licensing and imposing a fee on any business,
trade, occupation and profession carried on or practiced in the district. This
section does not empower a district to require licenses of or impose fees on
companies that are licensed by the state under ORS 731.358 or 731.362 to
transact insurance, as defined in ORS 731.146, or to require licenses of or
impose fees upon the representatives of such companies who are not residents of
the district. [1969 c.643 §32]
267.370 District taxing authority.
(1) To carry out any of the powers granted by ORS 267.010 to 267.390, a
district may by ordinance impose a tax:
(a)
Upon the entire taxable income of every resident of the district subject to tax
under ORS chapter 316 and upon the taxable income of every nonresident that is
derived from sources within the district which income is subject to tax under
ORS chapter 316; and
(b)
On or measured by the net income of a mercantile, manufacturing, business,
financial, centrally assessed, investment, insurance or other corporation or
entity taxable as a corporation doing business, located, or having a place of
business or office within or having income derived from sources within the
district which income is subject to tax under ORS chapter 317 or 318.
(2)
The rate of the tax imposed by ordinance adopted under authority of subsection
(1) of this section shall not exceed one percent. The tax may be imposed and
collected as a surtax upon the state income or excise tax.
(3)
Any ordinance adopted pursuant to subsection (1) of this section shall require
a nonresident, corporation or other entity taxable as a corporation having
income from activity both within and without the district taxable by the State
of Oregon to allocate and apportion such net income to the district in the
manner required for allocation and apportionment of income under ORS 314.280
and 314.605 to 314.675.
(4)
The district shall allow a credit against the tax imposed pursuant to this
section, in an amount equal to the employer’s payroll tax paid to the district
by the taxpayer.
(5)
If a district adopts an ordinance under this section, the ordinance shall be
consistent with any state law relating to the same subject, and with rules and
regulations of the Department of Revenue prescribed under ORS 305.620.
(6)
An ordinance adopted under this section shall not declare an emergency. [1969
c.643 §33; 1971 c.600 §1; 1975 c.752 §2]
267.380 Definitions for ORS 267.380 and
267.385. (1) As used in ORS 267.380 and 267.385,
unless the context requires otherwise:
(a)
“Employer” means:
(A)
A person who is in such relation to another person that the person may control
the work of that other person and direct the manner in which it is to be done;
(B)
An officer or employee of a corporation, or a member or employee of a
partnership, who as such officer, employee or member is under a duty to perform
the acts required of employers by ORS 316.162 to 316.221; or
(C)
The State of Oregon or any political subdivision in this state, except for a
school district as defined in ORS 255.005 (9), with respect to work performed
within the district by an employee of the State of Oregon or of the political
subdivision.
(b)
“Employer” does not include an organization exempt from taxation under section
501(c)(3) of the Internal Revenue Code, as amended and in effect on December
31, 1996, except that “employer” does include hospitals.
(c)
“Wages” means remuneration for services performed by an employee for the
employer, including the cash value of all remuneration paid in any medium other
than cash.
(d)
“Net earnings from self-employment” has the same meaning as in section 1402 of
the Internal Revenue Code of 1986, as that section was in effect and operative
on December 31, 1988. For the purposes of computing net earnings from
self-employment, a district may by ordinance from time to time adopt
definitions of the terms used in section 1402.
(e)
“Individual” means any natural person.
(2)
As used in this section and ORS 267.385, “wages” does not include remuneration
paid:
(a)
For services performed in the employ of the United States of America and
institutions (excluding hospitals) exempt from taxation under section 501(c)(3)
of the Internal Revenue Code, as amended and in effect on December 31, 1996.
(b)
For domestic service in a private home if the total amount paid to such
employee is less than $1,000 a year.
(c)
For casual labor not in the course of the employer’s trade or business.
(d)
For services performed wholly outside of the district.
(e)
To an employee whose services to the employer consist solely of seasonal labor
in connection with the planting, cultivating or harvesting of agricultural
crops.
(f)
To seamen who are exempt from garnishment, attachment or execution under title
46, United States Code.
(g)
To individuals temporarily employed as emergency firefighters.
(h)
If the remuneration is not subject to withholding under ORS chapter 316.
(i) To employees’ trusts exempt from taxation under section
401 of the Internal Revenue Code, as amended and in effect on December 31,
1996.
(j)
If the remuneration is not wages under section 3121(a)(5)(I) of the Internal
Revenue Code, as amended and in effect on December 31, 1996.
(3)
“Net earnings from self-employment” does not include income:
(a)(A)
From activities wholly outside of the district.
(B)
That is wages.
(C)
That would be wages under section 3121 of the Internal Revenue Code, as amended
and in effect on December 31, 1990, but for the provisions of section
3121(b)(8)(A) of the Internal Revenue Code.
(b)
That is not net earnings from self-employment under section 1402(a)(8) of the
Internal Revenue Code by reason of the amendments to section 1402 by section
1456 of the Small Business Job Protection Act of 1996 (P.L. 104-188).
(4)
Notwithstanding any other provision of this section, “wages” includes:
(a)
Any amount included in the definition of “wages” under section 3121 of the
Internal Revenue Code, as defined in ORS 316.012, by reason of the provisions
of section 3121(a)(5)(C), 3121(a)(5)(D), 3121(v)(1)(A), 3121(v)(1)(B),
3121(v)(3)(A), 3121(a)(5)(E) or 3121(a)(5)(H) of the Internal Revenue Code; or
(b)
Any amount deferred under a nonqualified deferred compensation plan.
(5)
Any amount taken into account as wages by reason of subsection (4) of this
section and the income attributable thereto shall not afterwards be treated as
wages under this section. [1969 c.643 §34; 1971 c.600 §2; 1973 c.573 §2; 1979
c.766 §1; 1981 c.907 §2; 1987 c.293 §69; 1989 c.869 §2; 1991 c.457 §23a; 1993
c.18 §47; 1997 c.839 §39]
267.385 Employer payroll tax; collection;
enforcement. (1) To carry out the powers granted by
ORS 267.010 to 267.390, a district may by ordinance impose an excise tax on
every employer equal to not more than eight-tenths of one percent of the wages
paid with respect to the employment of individuals. For the same purposes, a
district may by ordinance impose a tax on each individual equal to not more
than eight-tenths of one percent of the individual’s net earnings from self-employment.
(2)
No employer shall make a deduction from the wages of an employee to pay all or
any portion of a tax imposed under this section.
(3)
The provisions of ORS 305.620 are applicable to collection, enforcement,
administration and distribution of a tax imposed under this section.
(4)
At any time an employer or individual fails to remit the amount of taxes when
due under an ordinance of the district board imposing a tax under this section,
the Department of Revenue may enforce collection by the issuance of a distraint warrant for the collection of the delinquent
amount and all penalties, interest and collection charges accrued thereon. Such
warrant shall be issued and may be enforced in the same manner and have the
same force and effect as prescribed with respect to warrants for the collection
of delinquent state income taxes.
(5)
Any ordinance adopted under subsection (1) of this section shall require an
individual having net earnings from self-employment from activity both within
and without the district taxable by the State of Oregon to allocate and
apportion such net earnings to the district in the manner required for
allocation and apportionment of income under ORS 314.280 and 314.605 to
314.675. Such ordinance shall give the individual the option of apportioning
income based on a single factor designated by the ordinance.
(6)
Any ordinance adopted under subsection (1) of this section with respect to net
earnings from self-employment may impose a tax for a taxable year measured by
each individual’s net earnings from self-employment for the prior taxable year,
whether such prior taxable year begins before or after November 1, 1981, or
such ordinance.
(7)
Any ordinance imposing a tax authorized by subsection (1) of this section shall
not apply to any business, trade, occupation or profession upon which a tax is
imposed under ORS 267.360.
(8)
The district board may not adopt an ordinance increasing a tax authorized by
subsection (1) of this section unless the board makes a finding that the economy
in the district has recovered to an extent sufficient to warrant the increase
in tax. In making the finding, the board shall consider regional employment and
income growth. [1969 c.643 §35; 1981 c.907 §3; 2003 c.576 §197; 2003 c.739 §7;
2009 c.253 §1]
267.387 Restrictions on increase in
payroll tax. Notwithstanding ORS 267.385 (1) and
subject to ORS 267.260 (3) and (6), an increase in any tax imposed on wages or
on net earnings from self-employment that is authorized by a mass transit
district under ORS 267.385 (1) on or after January 1, 2010, must be phased in
over a 10-year period. The district shall by ordinance set forth the increments
by which the increase in tax is phased in. Subject to ORS 267.260 (3) and (6),
each annual increment may not increase the rate of tax by more than 0.02
percent of the wages or net earnings from self-employment. [2009 c.253 §2]
Note:
267.387 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
267.390 Acceptance of funds from United
States. The district may:
(1)
Accept, without limitation by any other provision of ORS 267.010 to 267.390
requiring approval of indebtedness, any contributions or loans from the United
States for the purpose of carrying out any provision of ORS 267.010 to 267.390;
and
(2)
Do anything that the board considers necessary in order to avail itself of aid,
assistance or cooperation under this section under any federal law. [1969 c.643
§37]
267.395 [1969
c.643 §38; repealed by 1971 c.647 §149]
267.400 Authority to issue short-term
obligations; conditions. (1) A district may borrow moneys
by issuing notes, warrants or other obligations:
(a)
In anticipation of taxes or other revenues, including but not limited to grants
awarded by the state or federal government; or
(b)
To refund obligations authorized under this section.
(2)
To secure obligations authorized under this section a district may:
(a)
Pledge as primary security for the obligations the taxes and other revenues in
anticipation of which the obligations are issued, including but not limited to
grants from the state or federal government;
(b)
Pledge as secondary security for the obligations the taxes and other revenues
of the district other than those in anticipation of which the obligations are
issued;
(c)
Segregate any pledged funds in separate accounts which may be held by the
district or third parties;
(d)
Establish any reserves deemed necessary by the district for the payment of the
obligations; and
(e)
Adopt resolutions containing covenants and provisions for protection and
security of the holders of obligations, which shall constitute enforceable
contracts with such holders.
(3)
Each issue of obligations authorized by this section:
(a)
If issued in anticipation of taxes, shall not be issued prior to, and shall
mature not later than the end of, the fiscal year in which the taxes are
expected to be received;
(b)
If issued in anticipation of other revenues, including grants for operating
purposes from the state or federal government, shall not be issued more than
one year prior to the time at which the district expects to receive the last
installment of the revenues or grants in anticipation of which the obligations
are issued, and shall mature not more than one year after the date of issue;
(c)
If issued in anticipation of capital improvement grants from the state or
federal government, shall not be issued more than 30 months prior to the time
at which the district expects to receive the last installment of the capital
improvement grant in anticipation of which the obligations are issued, and
shall mature no later than 30 months after the date of issue or six months after
the time at which the district expects to receive the last installment of the
capital improvement grant in anticipation of which the obligations are issued,
whichever is earlier;
(d)
If issued in anticipation of taxes or revenues other than grants from the state
or federal government, shall not be issued in an amount greater than 80 percent
of the amount of taxes or such other revenues budgeted to be received by the
district and in anticipation of which such obligations are issued; and
(e)
If issued in anticipation of grants from the state or federal government, shall
not be issued in an amount greater than 80 percent of the amount of such
grants.
(4)
Except as this section otherwise specifically provides, obligations authorized
by this section may be in any form and contain any terms, including provisions
for the varying of interest rates in accordance with any index, bankers’ loan
rate or other standard. A district may issue and sell as part of a single
offering obligations in anticipation of two or more grants from the state or
federal government, in which event the obligations constituting a part of the
offering shall be issued as separate series with one series corresponding to
each grant in anticipation of which the obligations are issued. A district may
only pledge as primary security for a series of obligations constituting part
of a single offering the grant in anticipation of which such series is issued.
For purposes of subsection (3) of this section, each series of obligations
constituting part of a single offering shall be a separate issue of
obligations.
(5)
When the taxes or other revenues, including grants from the state or federal
government, in anticipation of which the obligations authorized by this section
are issued are not received by the district at such time or in such amounts as
will enable the district to pay the obligations at maturity, the district
shall, to the extent available, first apply to the payment of the obligations
the taxes or other revenues in anticipation of which such obligations were
issued, and the district may pay the balance owing under such obligations out
of any other taxes or revenues available for such purpose.
(6)
The district may contract with third parties to serve as issuing, paying and
authenticating agents for any obligations authorized by this section.
(7)
Obligations authorized by this section shall be issued as prescribed in ORS
chapter 287A.
(8)
Any pledge made pursuant to subsection (2) of this section shall be valid and
binding from and after the date of issue of the obligations secured by such
pledge and the taxes or other revenues pledged shall be immediately subject to
the lien of such pledge without the physical delivery thereof, the filing of
any notice or any further act. The lien of any pledge made pursuant to
subsection (2) of this section shall be valid and binding against all persons
having claims of any kind against the district whether in tort, contract or
otherwise, irrespective of whether such persons have notice thereof.
(9)
The district shall deposit, when received, a portion of the taxes or other
revenues in anticipation of which the obligations authorized by this section
are issued in a separate account. Deposits to the account shall be made
according to a schedule which requires that not less than 100 percent of such
taxes or other revenues received by the district after the estimated date of
the district’s maximum cumulative cash flow deficit be placed in the account
until sufficient amounts are in the account to pay principal and interest due
on the obligations at maturity. The schedule shall be established by the
district in its proceedings to issue the obligations. Moneys in the account
shall be used only to pay principal and interest on the obligations, and may be
pledged by the district for such purpose. [1983 c.323 §4; 1985 c.433 §1; 2007
c.783 §85]
267.410 Certain districts authorized to
impose employer payroll tax on state agencies and political subdivisions.
ORS 267.300, 267.380 and 267.410 to 267.430 apply only to a mass transit
district situated in a metropolitan statistical area with a population
exceeding 400,000. [1989 c.869 §7; 2009 c.11 §31]
267.420 Employer payroll tax on State of
Oregon and political subdivisions; requirements for tax ordinance.
(1) Any ordinance imposing an employer payroll tax on an entity described in
ORS 267.380 (1)(a)(C) shall be adopted not less than six months prior to the
beginning of the fiscal year of the mass transit district within which the
employer payroll tax becomes effective.
(2)(a)
Any ordinance imposing an employer payroll tax on an entity described in ORS
267.380 (1)(a)(C) shall provide that for each of the four fiscal years after
the fiscal year in which the employer payroll tax was first imposed, the entity
shall pay the applicable percentage of the amount of employer payroll tax
which, without regard to this section, it would have been required to pay under
the law.
(b)
The applicable percentage shall be determined in accordance with the following
table:
______________________________________________________________________________
Number of fiscal years The applicable
after the fiscal year percentage is:
in which the employer
payroll tax is first
imposed:
One 20
Two 40
Three 60
Four 80
______________________________________________________________________________
(c) In the fifth fiscal year after the
fiscal year in which the employer payroll tax is first imposed on an entity
described in ORS 267.380 (1)(a)(C) and in any subsequent fiscal year, the
applicable percentage shall be 100 percent. [1989 c.869 §4]
267.430
Certain state agencies exempt from employer payroll tax.
ORS 267.300, 267.380, 267.410 to 267.430 do not apply to entities described in
ORS 267.380 (1)(a)(C) that made, and that continue to make, payments under the
provisions of ORS 291.405 and 291.407 equivalent to the rate in effect on
January 1, 1989. If a mass transit district or transportation district does not
collect a tax under ORS 267.300 (1)(g) or 267.615 (1)(g), ORS 267.300, 267.380
and 267.410 to 267.430 do not affect payment under ORS 291.405 and 291.407. [1989
c.869 §6]
TRANSPORTATION
DISTRICTS
(Generally)
267.510
Definitions for ORS 267.510 to 267.650. As used in
ORS 267.510 to 267.650:
(1) “District” means a transportation
district established under ORS 267.510 to 267.650.
(2) “System” means the equipment,
facilities and other property constructed, erected or acquired by the district
and to be used in the transport of passengers. [1974 c.9 §1]
267.515
Application of ORS chapter 255 to district. (1)
ORS chapter 255 governs the following:
(a) The nomination and election of board
members.
(b) The conduct of district elections.
(2) The electors of a district may
exercise the powers of the initiative and referendum regarding a district
measure, in accordance with ORS 255.135 to 255.205. [Amended by 1983 c.350 §128]
267.517
Use of alternative fuels for certain district vehicles; exceptions; annual
report; application to all district vehicles. (1) To
the maximum extent possible, motor vehicles subject to the control of a
transportation district established under ORS 267.510 to 267.650 having a city
within the district with a population exceeding 30,000 shall use alternative
fuel for operation.
(2) To the extent that it is economically
and technologically possible, all motor vehicles purchased or leased by the
board of the district shall be capable of using alternative fuel. However, this
subsection does not apply if the vehicle will be primarily used in an area that
does not have and cannot reasonably be expected to establish an alternative
fuel refueling station or if the district is unable to secure financing
sufficient to cover additional costs resulting from the requirement of this
subsection.
(3) Prior to July 1 of each year, the
board of the district shall submit an annual report to the Department of
Environmental Quality and the State Department of Energy. The report shall
contain at a minimum:
(a) The number of purchases and leases of
vehicles capable of using alternative fuel;
(b) The number of conversions of vehicles
from the use of gasoline or diesel fuel to the use of alternative fuel;
(c) The quantity of each type of
alternative fuel used; and
(d) Any other information required by the
Department of Environmental Quality and the State Department of Energy to carry
out their functions under subsection (4) of this section.
(4) If the Department of Environmental
Quality and State Department of Energy determine that the use of alternative
fuel required by this section has been effective in reducing total annual motor
vehicle emissions in the district, the motor vehicles subject to the control of
the board of the district shall be capable of using alternative fuel, to the
maximum extent possible.
(5) The board of the district shall comply
with all safety standards established by the United States Department of
Transportation in the conversion, operation and maintenance of vehicles using
alternative fuel.
(6) As used in this section, “alternative
fuel” means any fuel determined by the Department of Environmental Quality to
be less polluting than conventional gasoline, including but not necessarily
limited to reformulated gasoline, low sulfur diesel fuel, natural gas,
liquefied petroleum gas, methanol, ethanol, any fuel mixture containing at
least 85 percent methanol or ethanol and electricity. [1991 c.730 §4; 2003
c.186 §13]
(Formation)
267.520
Method of forming district. (1) In addition to initiatory
action authorized by ORS 198.705 to 198.955, proceedings to establish a district
may be initiated by a resolution adopted by the governing body of the most
populous city in the proposed district and filed with the county governing
body, petitioning that body to call the election; or
(2) The petition or resolution initiating
formation shall request, if the district is to impose operating taxes, that the
election to establish the district include a proposed permanent rate limit for
operating taxes for the district within the meaning of section 11 (3), Article
XI of the Oregon Constitution. If the petition or resolution does so, the
proposition to be voted on at the election shall include a proposed permanent
rate limit for the district, in accordance with the petition or resolution. [1974
c.9 §4; 1997 c.541 §360]
267.530
Establishment of permanent tax rate limit at time of formation.
If a district is to impose operating taxes, a permanent rate limit on operating
taxes within the meaning of section 11 (3), Article XI of the Oregon
Constitution, shall be established for a district at the same election at which
the district is established. If the petition or resolution for initiating
proceedings to establish the district contains a proposed permanent rate limit,
the county governing body that calls the election shall confer about the rate
limit with the governing bodies of all counties and cities having territory in
the proposed district and shall then determine the rate limit to be proposed
for the district. The proposition submitted to the electors of the district for
the purpose of establishing the district shall propose the rate limit specified
by the county governing body. The rate limit so proposed shall be the permanent
rate limit for operating taxes for the district within the meaning of section
11 (3), Article XI of the Oregon Constitution, if the district is established
in an election that is in compliance with section 11 (8), Article XI of the
Oregon Constitution. [1974 c.9 §5; 1997 c.541 §361]
(Board)
267.540
Governing body; term; vacancies; chairperson; rules of procedure; report to
legislature. (1) The governing body of a district
shall consist of seven members elected from the district at large for four-year
terms. Vacancies shall be filled by the governing body under ORS 198.320.
(2) The chairperson of the county governing
body that calls the election on establishing the district shall convene the
first meeting of the district governing body and shall serve as chairperson of
the first meeting until the members choose a permanent chairperson.
(3) At its first meeting after July 1 each
year the district governing body shall choose a chairperson for the ensuing
year. The chairperson shall be the presiding officer of the governing body and
have whatever additional functions the governing body prescribes.
(4) The governing body may adopt and
enforce rules of procedure governing its proceedings.
(5) The district board shall report
biennially to the Legislative Assembly the activities of the district. [1974
c.9 §6; 1975 c.737 §4; 1983 c.350 §125]
(Powers)
267.550
Status of district. (1) A transportation district
has full power to carry out the objectives of its formation and to that end may
have and use a seal, have perpetual succession, sue and be sued in its own
name, and enter into contracts.
(2) Except as ORS 267.510 to 267.650
provide to the contrary, the powers of the district shall be vested in the
governing body of the district.
(3) A transportation district formed under
ORS 267.510 to 267.650 shall be considered a district for all purposes in ORS
chapter 198. [1974 c.9 §8; 1975 c.737 §5; 1983 c.350 §126; 2003 c.802 §95]
267.560
General powers. A transportation district may
provide public transportation and terminal facilities for public transportation
including local aspects thereof transferred to the district by one or more
other public bodies as defined in ORS 174.109, through agreements in accordance
with ORS 267.510 to 267.650. [1974 c.9 §9; 2003 c.802 §96]
267.570
Powers relating to public transportation. (1)
For purposes of public transportation, a district may:
(a) Contract with the United States or
with any county, city or state, or any of their departments or agencies, for
the construction, preservation, improvement, operation or maintenance of any
system.
(b) Build, construct, purchase, improve,
operate and maintain, subject to other applicable provisions of law, all
improvements, facilities or equipment necessary or desirable for the system of
the district.
(c) Enter into contracts and employ
agents, engineers, attorneys and other persons and fix their compensation.
(d) Fix and collect charges for the use of
the system.
(e) Construct, acquire, maintain and
operate passenger terminal facilities and motor vehicle parking facilities in
connection with the system within or outside the district.
(f) Use a public thoroughfare in a manner
mutually agreed to by the governing bodies of the district and of the
thoroughfare or, if they cannot so agree upon how the district may use the
thoroughfare, in a manner determined by an arbitrator appointed by the Governor.
(g) Do such other acts or things as may be
necessary or convenient for the proper exercise of the powers granted to a
district by ORS 267.510 to 267.650.
(2) A district shall be entitled to tax
refunds under ORS 319.831, as if the district were a city. [1974 c.9 §10; 1979
c.344 §2]
267.575
Preparation of public transit system plan; contents; revision.
(1) A district shall, within a reasonable time after formation, prepare a
broad, general plan for a public transit system for the district. The plan
shall be prepared in cooperation with the Department of Transportation and
cities and counties located within and adjacent to the district.
(2) The plan shall show existing and
proposed transit systems of the district and of other public and private agencies
relating to public transit. It shall demonstrate a basis for the coordination
and planning of future construction, improvement and equipment acquisition of
the district, governmental agencies and private interests to assure maximum
efficiency and use of public transit in the district. The plans shall be based
on the needs of the district and take into consideration the plans and
programs, if any, developed by the Department of Transportation and cities and
counties located within and adjacent to the district. The district may have
access to all information, statistics, plans and data in the possession of or
available to any state agency or public corporation which is pertinent to the
preparation of the plan and may reimburse the agency or corporation for any
expense incurred in cooperating with the board.
(3) The district board shall revise the
plan as necessary for the proper control, utilization, development and
improvement of the district transit system. [1975 c.737 §3]
267.580
Employees. The governing body of a district may
employ whatever administrative, clerical, technical and other assistance is
necessary for the proper functioning of the district, on whatever terms the
governing body considers in the best interests of the district. [1974 c.9 §7]
267.590
Interagency agreements. A district may contract with any
public or private agency for the agency to operate any facility or perform any
function that the district is authorized to operate or perform. By contract the
district may assume any function of any public corporation, city or county in
the district that the district has power to assume under ORS 267.510 to
267.650. [1974 c.9 §11]
267.600
[1974 c.9 §3; repealed by 1983 c.350 §331a]
267.610
Exemption from public utility regulation. Transportation
facilities operated by a district, including the rates and charges made by the
district and the equipment operated by the district, and transportation
facilities operated for a district by a private operator pursuant to a contract
between the operator and the district, including the rates and charges made by
the operator pursuant to the contract, and the equipment operated pursuant to
the contract, shall not be subject to the laws of this state regulating public
utilities, including those laws administered by the Public Utility Commission
of Oregon. [1974 c.9 §2]
267.612
Acquisition of district lands by adverse possession or operation of statute of
limitations prohibited. The rights of a transportation
district to lands owned by the district are not extinguished by adverse
possession. A person may not acquire title or property rights to lands owned by
the district through operation of a statute of limitations. [2009 c.307 §2]
Note:
267.612 was enacted into law by the Legislative Assembly but was not added to
or made a part of ORS chapter 267 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
(Finances)
267.615
Financing methods. (1) For the purpose of
performing any of the powers conferred by ORS 267.510 to 267.650, a
transportation district may use any of the following methods of financing:
(a) Service charges and user fees
collected under ORS 267.570 (1)(d).
(b) Levy ad valorem taxes under ORS
267.620.
(c) Use of a revolving fund as authorized
for mass transit districts under ORS 267.310.
(d) Sale of bonds under ORS 267.630 and
267.640.
(e) Levy of business license fees as
authorized for mass transit districts under ORS 267.360.
(f) Levy of a tax measured by net income
as authorized for mass transit districts under ORS 267.370.
(g) Levy of a tax measured by employer
payrolls as authorized for mass transit districts under ORS 267.380 and
267.385.
(h) Acceptance and use of any
contributions or loans from the United States, without limitation by any other
provision of ORS 267.510 to 267.650 requiring approval of indebtedness.
(i) Any
combination of the provisions of paragraphs (a) to (h) of this subsection.
(2) A district shall not use any method of
financing authorized under subsection (1)(c) to (g) of this section without
first obtaining authorization at a properly called election held for that
purpose. [1975 c.737 §2; 1981 c.512 §1]
267.620
Power to levy taxes. (1) A district may levy annually
an ad valorem tax on all taxable property within its boundaries not to exceed
in any one year one-half percent (0.005) of the real market value of all
taxable property within the boundaries of such district, computed in accordance
with ORS 308.207. The district may also annually assess, levy and collect a
special tax upon all such property in an amount sufficient to pay the yearly
interest on bonds previously issued by the district and then outstanding,
together with any portion of the principal of such bonds maturing within the
year. The special tax shall be applied only in payment of the interest and
principal of bonds issued by the corporation, but the corporation may apply any
funds it may have towards the payment of principal and interest of any such
bonds.
(2) Such taxes shall be levied in each
year and returned to the county officer whose duty it is to extend the tax levy
by the time required by law for city taxes to be levied and returned. All taxes
levied by the district shall become payable at the same time and be collected
by the same officer who collects county taxes and shall be turned over to the
district according to law. The county officer whose duty it is to extend the
county levy shall extend the levy of the district in the same manner as city
taxes are extended. Property shall be subject to sale for nonpayment of taxes
levied by the corporation in like manner and with like effect as in the case of
county and state taxes.
(3) In taxation a district may classify
property on the basis of services received from the district and prescribe
different tax rates for the different classes of property. [1974 c.9 §12; 1991
c.459 §366]
267.622
Filing boundary change with county assessor and Department of Revenue.
For purposes of ad valorem taxation, a boundary change must be filed in final
approved form with the county assessor and the Department of Revenue as
provided in ORS 308.225. [2001 c.138 §13]
267.630
Issuance and sale of bonds. (1) For the purpose of
performing any service that the district has power to perform, the district,
when authorized at any properly called election held for such purpose, shall
have the power to borrow money by the issuance and sale of general obligation
bonds. Such bonds shall never exceed in the aggregate 10 percent of the real
market value of all taxable property within the district computed in accordance
with ORS 308.207. The bonds shall be so conditioned that the district shall
promise and agree therein to pay the bearer at a place named therein payable
semiannually in accordance with the tenor and terms of the interest coupons
attached. The bonds shall mature serially not to exceed 30 years from the date
of issue.
(2) For the purpose of performing any of
the powers conferred by ORS 267.510 to 267.650 a district, when authorized at
any properly called election held for such purpose, shall have the power to
borrow money by the issuance and sale also of revenue bonds and to pledge as
security therefor, all or any part of the unobligated
net income or revenue of the district. The revenue bonds shall be issued in the
same manner and form as are general obligation bonds of the district but they
shall be payable both as to principal and interest from revenues only. The
revenue bonds shall not be subject to the percentage limitation applicable to
general obligation bonds and shall not be a lien on any of the taxable property
within the corporate limits of the district and shall be payable solely from
such part of revenues of the corporation as remains after the payment of
obligations having a priority and of all expenses of operation and maintenance
of the corporation. All revenue bonds shall contain a provision that both the
principal and interest are payable solely from the operating revenues of the
district remaining after paying such obligations and expenses.
(3) All general obligation bonds and
revenue bonds shall be issued as prescribed in ORS chapter 287A. [1974 c.9 §13;
1983 c.347 §20; 1991 c.459 §367; 2007 c.783 §86]
267.640
Refunding bonds. Refunding bonds of the same
character and tenor as those replaced thereby may be issued pursuant to a
resolution adopted by the district governing body without submitting to the
electors the question of authorizing the issuance of the bonds. [1974 c.9 §14]
267.650
Finance elections. Elections for the purpose of
voting on the question of borrowing funds by issuance and sale of general
obligation bonds or revenue bonds shall be called by the governing body. [1974
c.9 §15]
PENALTIES
267.990
Penalties. Any person violating a police ordinance
of a mass transit district commits a Class A misdemeanor. [1969 c.643 §18(1);
2011 c.597 §174]
_______________